1/1/09
文政INSTITUTE CARGO CLAUSES (B)太阳活动
RISKS COVERED
Risks
1.This insurance covers, except as excluded by the provisions of Claus 4, 5, 6 and 7 below,
1.1loss of or damage to the subject-matter insured reasonably attributable to
1.1.1fire or explosion
1.1.2vesl or craft being stranded grounded sunk or capsized
1.1.3overturning or derailment of land conveyance
1.1.4collision or contact of vesl craft or conveyance with any external object other
than water
1.1.5discharge of cargo at a port of distress
1.1.6earthquake volcanic eruption or lightning,
1.2loss of or damage to the subject-matter insured caud by
1.2.1general average sacrifice
1.2.2jettison or washing overboard
1.2.3entry of a lake or river water into vesl craft hold conveyance container or
place of storage,
1.3total loss of any package lost overboard or dropped whilst loading on to, or unloading
from, vesl or craft.
General Average
2.This insurance covers general average and salvage charges, adjusted or determined according
to the contract of carriage and/or the governing law and practice, incurred to avoid or in
connection with the avoidance of loss from any cau except tho excluded in Claus 4, 5, 6 and 7 below.
"Both to Blame Collision Clau"
3.This insurance indemnifies the Assured, in respect of any risk insured herein, against liability
incurred under any Both to Blame Collision Clau in the contract of carriage. In the event of any claim by carriers under the said Clau, the Assured agree to notify the Insurers who shall have the right, at their own cost and expen, to defend the Assured against such claim.
EXCLUSIONS
4.In no ca shall this insurance cover
4.1.loss damage or expen attributable to wilful misconduct of the Assured
dinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the
subject-matter insured
4.3.loss damage or expen caud by insufficiency or unsuitability of packing or
preparation of the subject matter insured to withstand the ordinary incidents of the
insured transit where such packing or preparation is carried out by the Assured or their
employees or prior to the attachment of this insurance (for the purpo of the Claus
"packing" shall be deemed to include stowage in a container and "employees" shall not
include independent contractors)
4.4.loss damage or expen caud by inherent vice or nature of the subject-matter insured
4.5.loss damage or expen caud by delay, even though the delay be caud by a risk
insured against (except expens payable under Clau 2 above)
4.6.loss damage or expen caud by insolvency or financial default of the owners
managers charterers or operators of the vesl where, at the time of loading of the
subject-matter insured on board the vesl, the Assured are aware, or in the ordinary
cour of business should be aware, that such insolvency or financial default could
prevent the normal procution of the voyage
This exclusion shall not apply where the contract of insurance has been assigned to
the party claiming hereunder who has bought or agreed to buy the subject-matter
insured in good faith under a binding contract
4.7.deliberate damage to or deliberate destruction of the subject-matter insured or any part
thereof by the wrongful act of any person or persons
4.8.loss damage or expen directly or indirectly caud by or arising from the u of any
weapon or device employing atomic or nuclear fission and/or fusion or other like
reaction or radioactive force or matter.
5. 5.1 In no ca shall this insurance cover loss damage or expen arising from
5.1.1unaworthiness of vesl or craft or unfitness of vesl or craft for the safe
carriage of the subject-matter insured, where the Assured are privy to such
unaworthiness or unfitness, at the time the subject-matter insured is loaded
therein
5.1.2unfitness of container or conveyance for the safe carriage of the subject-matter
insured, where loading therein or thereon is carried out prior to attachment of this
insurance or by the Assured or their employees and they are privy to such
unfitness at the time of loading.
5.2 Exclusion 5.1.1 above shall not apply where the contract of insurance has been assigned to
the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract.
5.3 The Insurers waive any breach of the implied warranties of aworthiness of the ship and
fitness of the ship to carry the subject-matter insured to destination.
6.In no ca shall this insurance cover loss damage or expen caud by
6.1war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any
hostile act by or against a belligerent power
6.2capture izure arrest restraint or detainment, and the conquences thereof or any
attempt thereat
6.3derelict mines torpedoes bombs or other derelict weapons of war.
7.In no ca shall this insurance cover loss damage or expen
7.1caud by strikers, locked-out workmen, or persons taking part in labour disturbances,
riots or civil commotions
7.2resulting from strikes, lock-outs, labour disturbances, riots or civil commotions
7.3caud by any act of terrorism being an act of any person acting on behalf of, or in
connection with, any organisation which carries out activities directed towards the
overthrowing or influencing, by force or violence, of any government whether or not
legally constituted
7.4caud by any person acting from a political, ideological or religious motive.
DURATION
Transit Clau
8.8.1 Subject to Clau 11 below, this insurance attaches from the time the subject-matter
insured is first moved in the warehou or at the place of storage (at the place named in种树作文
the contract of insurance) for the purpo of the immediate loading into or onto the
carrying vehicle or other conveyance for the commencement of transit, continues during
the ordinary cour of transit and terminates either
8.1.1on completion of unloading from the carrying vehicle or other conveyance in or
at the final warehou or place of storage at the destination named in the contract
of insurance,
8.1.2on completion of unloading from the carrying vehicle or other conveyance in or
at any other warehou or place of storage, whether prior to or at the destination
named in the contract of insurance, which the Assured or their employees elect to
u either for storage other than in the ordinary cour of transit or for allocation
or distribution, or
8.1.3when the Assured or their employees elect to u any carrying vehicle or other
conveyance or any container for storage other than in the ordinary cour of
transit or
8.1.4on the expiry of 60 days after completion of discharge overside of the爽字成语
subject-matter insured from the overa vesl at the final port of discharge,
whichever shall first occur.
8.2 If, after discharge overside from the overa vesl at the final port of discharge, but prior
to termination of this insurance, the subject-matter insured is to be forwarded to a
destination other than that to which it is insured, this insurance, whilst remaining subject
to termination as provided in Claus 8.1.1 to 8.1.4, shall not extend beyond the time the
subject-matter insured is first moved for the purpo of the commencement of transit to
such other destination.
8.3 This insurance shall remain in force (subject to termination as provided for in Claus
8.1.1 to 8.1.4 above and to the provisions of Clau 9 below) during delay beyond the
control of the Assured, any deviation, forced discharge, reshipment or transhipment and
during any variation of the adventure arising from the exerci of a liberty granted to
carriers under the contract of carriage. Termination of Contract of Carriage.
9.If owing to circumstances beyond the control of the Assured either the contract of carriage is
terminated at a port or place other than the destination named therein or the transit is
otherwi terminated before unloading of the subject-matter insured as provided for in Clau
8 above, then this insurance shall also terminate unless prompt notice is given to the Insurers
and continuation of cover is requested when this insurance shall remain in force, subject to
an additional premium if required by the Insurers, either
9.1until the subject-matter insured is sold and delivered at such port or place, or, unless
otherwi specially agreed, until the expiry of 60 days after arrival of the
subject-matter insured at such port or place, whichever shall first occur, or
9.2if the subject-matter insured is forwarded within the said period of 60 days (or any
agreed extension thereof) to the destination named in the contract of insurance or to
any other destination, until terminated in accordance with the provisions of Clau 8
above.
Change of Voyage
10.10.1 Where, after attachment of this insurance, the destination is changed by the Assured, this
鱼缸增氧must be notified promptly to Insurers for rates and terms to be agreed. Should a loss蛇口脱险
occur prior to such agreement being obtained cover may be provided but only if cover
would have been available at a reasonable commercial market rate on reasonable
market terms.
10.2 Where the subject-matter insured commences the transit contemplated by this insurance
(in accordance with Clau 8.1), but, without the knowledge of the Assured or their
employees the ship sails for another destination, this insurance will nevertheless be
deemed to have attached at commencement of such transit.
实际收益CLAIMS
Insurable Interest
11.11.1 In order to recover under this insurance the Assured must have an insurable interest in
the subjectmatter insured at the time of the loss.
11.2 Subject to Clau 11.1 above, the Assured shall be entitled to recover for insured loss
occurring during the period covered by this insurance, notwithstanding that the loss
occurred before the contract of insurance was concluded, unless the Assured were
aware of the loss and the Insurers were not.
Forwarding Charges
12.Where, as a result of the operation of a risk covered by this insurance, the insured transit is
terminated at a port or place other than that to which the subject-matter insured is covered under this insurance, the Insurers will reimbur the Assured for any extra charges properly and reasonably incurred in unloading storing and forwarding the subject-matter insured to the destination to which it is insured.
This Clau 12, which does not apply to general average or salvage charges, shall be subject to the exclusions contained in Claus 4, 5, 6 and 7 above, and shall not include charges
arising from the fault negligence insolvency or financial default of the Assured or their
employees.
Constructive Total Loss
13.No claim for Constructive Total Loss shall be recoverable hereunder unless the
subject-matter insured is reasonably abandoned either on account of its actual total loss
appearing to be unavoidable or becau the cost of recovering, reconditioning and forwarding the subject-matter insured to the destination to which it is insured would exceed its value on arrival.
Incread Value
14. 14.1 If any Incread Value insurance is effected by the Assured on the subject-matter
insured under this insurance the agreed value of the subject-matter insured shall be
deemed to be incread to the total amount insured under this insurance and all
Incread Value insurances covering the loss, and liability under this insurance shall be
in such proportion as the sum insured under this insurance bears to such total amount
insured.
In the event of claim the Assured shall provide the Insurers with evidence of the
amounts insured under all other insurances.长焦距镜头
14.2 Where this insurance is on Incread Value the following clau shall apply:
The agreed value of the subject-matter insured shall be deemed to be equal to the total
amount insured under the primary insurance and all Incread Value insurances
covering the loss and effected on the subject-matter insured by the Assured, and
liability under this insurance shall be in such proportion as the sum insured under this
insurance bears to such total amount insured.
In the event of claim the Assured shall provide the Insurers with evidence of the
amounts insured under all other insurances.
BENEFIT OF INSURANCE
15.This insurance
15.1covers the Assured which includes the person claiming indemnity either as the person
by or on who behalf the contract of insurance was effected or as an assignee,
15.2shall not extend to or otherwi benefit the carrier or other bailee.
MINIMISING LOSSES
Duty of Assured
16.It is the duty of the Assured and their employees and agents in respect of loss recoverable
hereunder
16.1to take such measures as may be reasonable for the purpo of averting or minimising
such loss, and
16.2to ensure that all rights against carriers, bailees or other third parties are properly
prerved and exercid
and the Insurers will, in addition to any loss recoverable hereunder, reimbur the Assured for any charges properly and reasonably incurred in pursuance of the duties.
Waiver
17.Measures taken by the Assured or the Insurers with the object of saving, protecting or
recovering the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or otherwi prejudice the rights of either party.
AVOIDANCE OF DELAY
18.It is a condition of this insurance that the Assured shall act with reasonable despatch in all
circumstances within their control.
